Articles Posted in Politics

Amherst professor Austin Sarat examines how the 22nd Amendment’s presidential term limits, originally passed to prevent another FDR-style extended presidency, affects second-term Presidents in general and Donald Trump’s anticipated second term in particular. Professor Sarat argues that term limits can paradoxically enable presidential overreach by freeing second-term Presidents from electoral accountability, suggesting this could be especially concerning in Trump's case given his stated plans to expand executive power.

Amherst professor Austin Sarat discusses how progressives should reconsider their traditional opposition to states’ rights (federalism) and the Senate filibuster in light of Donald Trump’s recent electoral victory. Professor Sarat argues that despite progressives’ historical criticism of these mechanisms, they should now embrace both federalism and the filibuster as valuable tools to resist and limit Trump’s agenda, just as they did during his first administration.

University of Pennsylvania professor Marci A. Hamilton analyzes three key outcomes for the religious right following Election Day: their diminishing control over abortion policy, their continued success in “othering” certain groups (particularly LGBTQ+ individuals), and their unexposed agenda regarding children's rights and education. Professor Hamilton argues that while the religious right has lost ground on abortion rights due to successful state ballot measures and Trump’s apparent abandonment of their stance, they continue to wield significant influence through their campaign against LGBTQ+ rights and could pose future threats through their lesser-known initiatives to weaken child labor laws, compulsory education, and vaccination requirements.

University of Toronto visiting law professor and economist Neil H. Buchanan discusses the practical realities and challenges of Americans considering emigration in response to concerning political developments, particularly following recent election results. Professor Buchanan, who himself emigrated, argues that while the desire to leave may be legitimate, actually relocating abroad is a realistic option for very few people due to the expensive and complex immigration process, increasingly restrictive immigration policies worldwide (even in traditionally welcoming countries like Canada), and practical limitations in destination countries’ abilities to absorb large numbers of immigrants.

Cornell Law professor Michael C. Dorf analyzes the eight possible outcomes of today’s U.S. federal elections (based on whether Democrats or Republicans win control of the presidency, Senate, and House) and their implications for governance. Professor Dorf contrasts how unified government enables major legislation with how divided government limits policy changes, while emphasizing an asymmetric risk: Republican control of even one chamber could enable them to challenge a Harris victory or force a debt ceiling crisis, making Democratic control of at least one chamber essential for a potential Harris presidency to function.

Amherst professor Austin Sarat analyzes the contrasting decision-making styles and presidential temperaments of Kamala Harris and Donald Trump, as highlighted by Harris’s recent CNN Town Hall appearance. Professor Sarat argues that while Harris’s careful, pragmatic, and “boring” approach to leadership may lack charisma, it would be far preferable to Trump’s impulsive, inattentive, and narcissistic style that would make him dangerous in the role of President.

Amherst professor Austin Sarat discusses President Biden’s recent controversial comment calling Trump supporters “garbage” and its impact on Vice President Harris’s presidential campaign, set against a broader context of inflammatory political rhetoric from both parties. Professor Sarat argues that Harris should forcefully denounce Biden’s remarks to both benefit her campaign and uphold democratic values, rather than merely distancing herself from the President.

Lauren Stiller Rikleen examines Project 2025’s proposals for presidential power in light of Senator Whitehouse’s report “Unworthy of Reliance,” which details how the Trump administration constrained the FBI’s 2018 supplemental investigation into sexual assault allegations against Supreme Court nominee Brett Kavanaugh. Ms. Rikleen argues that the Kavanaugh confirmation process, where the White House secretly limited the FBI’s investigation while publicly claiming it had “free rein,” serves as a real-world example of how Project 2025’s vision of presidential control over independent agencies has already been implemented and threatens American democracy.

Former federal prosecutor Dennis Aftergut discusses the potential economic and institutional dangers of a second Trump presidency, drawing parallels between authoritarian kleptocracies throughout history and Trump's demonstrated patterns of behavior. Mr. Aftergut argues that Trump’s return to power would threaten not only democratic freedoms (as warned by former officials like General John Kelly) but also Americans’ financial well-being through systemic corruption and self-enrichment, with no remaining “guardrails” of principled advisors to constrain such behavior.

Attorneys Stephen Marcus and Bruce Kuhlik discuss the ethical responsibilities of lawyers in the context of predicted attempts by Donald Trump and his allies to undermine the 2024 U.S. presidential election. The authors argue that lawyers considering advocating unsubstantiated claims of election fraud should learn from the disciplinary actions taken against Trump’s 2020 election lawyers, adhere to their ethical duties, and follow the example of those who refused to violate their obligations to their profession and the Constitution after the 2020 election despite significant pressure to do so.

Amherst professor Austin Sarat analyzes the rhetorical strategies JD Vance used during a New York Times interview, especially Vance’s refusal to acknowledge Donald Trump’s 2020 election loss. Professor Sarat argues that Vance’s skillful use of language techniques such as bridging, whataboutism, and question deflection demonstrates a polished version of Trumpism that poses a long-term threat to American democracy by undermining faith in elections and truth itself.

Cornell Law professor Michael C. Dorf discusses the current Supreme Court term and its potential implications for the 2024 presidential election. Professor Dorf argues that while the current docket seems relatively quiet, the Court’s history of partisan decisions favoring Republicans, combined with the possibility of election-related cases being added later, raises concerns about how the Court might handle potential challenges to the 2024 election results, particularly if Trump loses and uses his loyalists in state legislatures or other organs of government to declare him the winner anyway.

Cornell Law professor Michael C. Dorf discusses a topic that came up in the recent debate between Donald Trump and Kamala Harris, focusing on Trump’s remarks about healthcare and a legal challenge to a key provision of the Affordable Care Act (ACA) in the Supreme Court. Professor Dorf argues that while Trump lacks a clear plan to replace the ACA, Republican officials and their allies are systematically attempting to dismantle the law through litigation, not because they have a better alternative, but because they ideologically oppose government involvement in healthcare and resent the ACA’s success as a Democratic initiative.

University of Toronto visiting law professor and economist Neil H. Buchanan critiques J.D. Vance’s candidacy, highlighting the increasing negativity he brings to the Republican Party and his role in worsening the political culture in the U.S. Professor Buchanan argues that Vance embodies cruelty and harmful politics, particularly through his promotion of racist and sexist narratives, while undermining legitimate policy discussions.

In this two-part column, University of Toronto visiting law professor and economist Neil H. Buchanan discusses the poor state of political discourse in the United States. Professor Buchanan argues that Donald Trump and J.D. Vance frequently make incoherent or illogical statements that are not held to proper scrutiny, while Kamala Harris is unfairly criticized for making actual arguments and evolving her views based on new information or political realities.

In this two-part column, University of Toronto visiting law professor and economist Neil H. Buchanan discusses accusations of “flip-flopping” against Vice President Kamala Harris and examines the broader issue of how policy changes are perceived in political discourse. Professor Buchanan argues that Harris’s policy adjustments reflect evolving strategies rather than changes in core values, and he criticizes the media for mischaracterizing such adaptations as inconsistency, while also pointing out the double standard applied to Democrats compared to Republicans on this issue.

Amherst professor Austin Sarat discusses Donald Trump’s speech at the Israeli American Council summit, focusing on his comments about Jewish voters and accusations of antisemitism. Professor Sarat argues that Trump’s remarks were self-centered, potentially dangerous, and reflective of his narcissistic tendencies, and he highlights the disconnect between Trump’s expectations of Jewish voter support and actual polling data.

In this second part of a two-part column, University of Toronto visiting law professor and economist Neil H. Buchanan examines recent Republican advice for Donald Trump to focus on “policy" rather than grievances in his presidential campaign. Professor Buchanan expands on the arguments he introduced in Part One, providing examples of Trump’s policy-free rhetoric and explaining why Republicans don’t actually want substantive policy discussions, as their specific policy positions are largely unpopular with voters.

In this two-part column, University of Toronto visiting law professor and economist Neil H. Buchanan discusses recent Republican advice for Donald Trump to focus on policy rather than “culture wars” in his presidential campaign. Professor Buchanan argues that this advice is misguided because Republicans lack popular policy positions, and their call for Trump to “talk policy” actually means inflaming voters’ emotions on select issues like immigration and the economy without offering substantive solutions.

Criminal defense attorney Jon May describes how Donald Trump might govern if re-elected, focusing on his potential appointments to key positions like Attorney General and FBI Director. Mr. May argues that Trump would likely select officials who prioritize loyalty to him over adherence to the Constitution, potentially leading to the implementation of extreme policies and the investigation of Trump’s perceived enemies, which could significantly erode democratic norms and institutions.